Initially, before Congress corrected the act again, if you reported to your supervisor who was the wrongdoer then you were fired, because reporting to the wrongdoer was not considered a disclosure.
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However, offering forgiveness doesn't mean they'll give a wrongdoer another chance.
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How well does the analogy between father confessor and penitent wrongdoer work?
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They are God's servants, agents of wrath to bring punishment on the wrongdoer.
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These restraining orders typically prohibit the wrongdoer from harassing or annoying the victim.
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Even if Michael was the wrongdoer, Charlie was someone they respected and trusted.
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Any reasonable action should stop the bad behavior, punish the wrongdoer and compensate victims.
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"I wanted the burden of this discipline to fall primarily on the wrongdoer," Manfred said.
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Any wrongdoer who walks into a room and sees both of them behind the gavel?
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"I wanted the burden of the discipline to fall primarily on the wrongdoer," he said. 3.
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If you can do so tactfully, Worobo recommends pointing out the error to the wrongdoer, too.
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"Asset forfeiture is intended to deprive the wrongdoer of the illegal proceeds of his crime," he said.
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Manafort's lawyers claim that Gates was the actual wrongdoer, and they subjected him to a punishing cross-examination.
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That said, the part of our humanity that seeks justice requires that the wrongdoer be held fully accountable.
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It's a gesture you make toward the offending person, in essence freeing the wrongdoer from their own guilty conscience.
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The whistleblower came forward with valuable information that allowed the agency to initiative an enforcement action against a wrongdoer.
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"Turning over the evidence to the wrongdoer first provides them with an opportunity to cover it up," Clark said.
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Failing to act on time means any chance at recovery is lost, letting a potential wrongdoer get off scot-free.
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If the bad behavior is big enough or public enough, it can easily come to define the totality of the wrongdoer.
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Forced arbitration deprives Americans of the ability to take a wrongdoer to court, a basic right enshrined in the Seventh Amendment.
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I'm a black guy—6 feet, around 215 pounds—and I often believe a segment of society perceives me as a wrongdoer.
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It appeals to one of our worst angels, the desire for "rough justice" — quick and brutal revenge inflicted on a suspected wrongdoer.
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"In Scripture, Romans 13 refers to the governing authorities as 'God's servants, agents of wrath to bring punishment on the wrongdoer,'" he said.
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The biggest potential cost is if the wrongdoer is caught, but it is likely that the vast majority of fake review fraud goes undetected.
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In other words, a request to investigate alleged corruption does not become improper solely because the alleged wrongdoer is related to a presidential candidate.
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"The notion that a wrongdoer would profit from his wrongdoing — his or her wrongdoing — just seemed to me to be insult to injury," Peace said.
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In many scandals -- even Watergate -- the party of the accused remained loyal to the alleged wrongdoer for a long time until the political costs become very clear.
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But the regional archbishop and a police chief barred the event; the prelate dismissed the idea of a public mass for such a wrongdoer as a "great scandal".
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But as a cadre of harmed Citigroup investors is learning, it is one thing to persuade a wrongdoer to pay reparations and quite another to disburse the money.
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A federal marshal might be called in to arrest the wrongdoer and put him in jail until he is willing to comply with the order issued by a federal judge.
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The death of Emantic Bradford Jr. incited protests and raised questions about whether police officers are too quick to assume that a nonwhite person who is armed is a wrongdoer.
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Absent such a provision, it is more difficult, prosecutors say, to cobble together the pieces of evidence required to convict a wrongdoer, such as a financial audit or competency evaluation.
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But somehow the balance between eliminating the costs of a worthwhile program to mitigate violations of a corporate wrongdoer and punishing medical professionals worried about their patients' wheezing seems quite uneven.
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If the Catholic Church were a secular organization, a board would have kicked management out and turned over all of its records to law firms and the authorities to prosecute every wrongdoer.
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Hatch argued that there is no credible evidence that Mnuchin ever broke any law, regulation, or industry standard while at the bank, and efforts to paint him as a wrongdoer miss the mark.
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Judge John Koetl, in his ruling Tuesday, said that although the "primary wrongdoer in this alleged criminal enterprise is undoubtedly the Russian Federation," a lawsuit against that government is barred by the Foreign Sovereign Immunities Act.
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But in the Madoff proceeding, when the trustee sued a number of large financial institutions, those defendants successfully claimed that the trustee stood in the shoes of the wrongdoer and could not sue other purported wrongdoers.
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The story was told to Mr. Brook, who told the AFP news agency that he met the silent wrongdoer standing in front of a prison on a trip to Afghanistan before the Soviet invasion of 1979.
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The trial itself would be a nonstop cavalcade of damaging information, so that even if the company was able to avoid a guilty verdict, it would still pay a price by being portrayed publicly as a wrongdoer.
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Many times the wrongdoer will even guilt the recipient to make themselves feel better …Apologies are of importance because they can build and strengthen a relationship when an individual can take responsibility for their shortcoming or mistakes.
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When someone feels wronged, it can help to actively empathize with the person who is perceived as the wrongdoer, according to a study that Professor Adams conducted along with M. Ena Inesi, also of the London Business School.
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"You have prosecutors and judges who just think it's wrong: 'You've caused trouble in this county, you're a wrongdoer and you shouldn't get a blank slate,'" said Bernice Corley, the executive director of the Indiana Public Defender Council.
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The Tennessee Supreme Court has said that, if the victim of wrongdoing can show all of that, a negligent party like the hotel may be responsible for paying even for the damages caused by an intentional wrongdoer like Barrett.
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The Russian government was clearly "the primary wrongdoer" for hacking into Democratic computers and funneling purloined documents to WikiLeaks to disseminate, found Judge John G. Koeltl of the United States District Court for the Southern District of New York.
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Over the next 47 years, the SEC successfully expanded the reach of disgorgement to require a wrongdoer to disgorge not only his or her profits from the violation but also to disgorge the profits earned by others in the scheme.
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Yet, in one of the more brazen corporate wrongdoer maneuvers in memory, if consumers are victimized by TrustedID negligence or wrongdoing — including perhaps by a subsequent data breach — the original terms of service would have forced consumers into individual arbitration.
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" Ariela Gross, a USC professor of law and history, praised the new chancellor, noting that university administrators had in recent years adopted a modus operandi that "when something goes wrong, let's keep it quiet, let the wrongdoer go quietly and coverup it up.
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" Randi Weingarten, the president of the American Federation of Teachers, said in a statement: "Let's be clear who the wrongdoer is here: Project Veritas used a fake intern to lie her way into our Michigan office, to steal documents and to spy — and they got caught.
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But moral impulses are not always enough to combat corruption, and the calculus becomes markedly harder when the wrongdoing is not as stark as a bribe and the wrongdoer is not a stranger but a trusted colleague or an influential supervisor or a powerful elected official.
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Once, even though I had half a pie left on the counter, I went the extra mile to secure a mondo ice cream-and-pie mashup from an amazing ice cream shop the day after Thanksgiving, a remainder that some wrongdoer had neglected to pick up.
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At least five instances of amputations were cited and three of blinding; in one instance, a left eye and a right ear were surgically removed under the law of qisas, whereby a person can insist that a tit-for-tat punishment be imposed on a wrongdoer to match the original crime.
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"In this case, as in prior cases, faced with an ongoing pattern of serious wrongdoing by a powerful university official, the university has kept wrongdoing quiet, settled financially with the wrongdoer in secret, and denied any responsibility on the part of the university," their letter calling for his resignation reads.
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" Their letter calling for his resignation reads, "In this case, as in prior cases, faced with an ongoing pattern of serious wrongdoing by a powerful university official, the university has kept wrongdoing quiet, settled financially with the wrongdoer in secret, and denied any responsibility on the part of the university.
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But what all of these efforts appear to have in common is an attempt to move us out of the crisis of incarceration by moving us past the question of "guilt," making us see that the categories of guilty and innocent, whether applied to the wrongdoer or to the one done wrong, miss harder social truths, and replace empathy with bureaucratized vengeance.
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Jean Hampton sees the decision to forgive the unrepentant wrongdoer as expressing a commitment "to see a wrongdoer in a new, more favorable light" as one who is not completely rotten or morally dead.
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The Supreme Court ruled that under section 22(a) of the Internal Revenue Code of 1939 and section 61(a) of the Internal Revenue Code of 1954,I.R.C. § 61(a) (). the receipt of embezzled funds was includable in the gross income of the wrongdoer and was taxable to the wrongdoer, even though the wrongdoer had an obligation to return the funds to the rightful owner.
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Sullivan that gains from illegal traffic in liquor are subject to the Federal income tax.. The U.S. Supreme Court ruled in Rutkin v. United States that the receipt of money obtained by extortion is taxable as income to the wrongdoer.. The U.S. Supreme Court ruled in James v. United States that the receipt of money obtained through embezzlement is taxable as income to the wrongdoer, even though the wrongdoer is required to return the money to its owner.James v.
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Wheeler, 6 Barb.(N.Y.) 362 Causes of action for conversion are generally assignable, so that the action may be instituted by the assignee. An officer in possession of property may ignore a conversion of the same by a wrongdoer and proceed to sell the property on execution, the purchaser then being permitted to sue the wrongdoer for the conversion of the property.Jewett v.
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The Supreme Court was called upon to determine whether the receipt of embezzled funds constitutes income taxable to the wrongdoer, even though an obligation to repay exists.
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Demons fighting over the soul of a wrongdoer such as a miser is another popular subject. Santiago Cathedral. The colouring once common to much Romanesque sculpture has been preserved.
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When Rocco returns home, he is arrested by the police as he is identified as the wrongdoer who raped Helena the night before. Although he proclaims his innocence the police do not believe him. Only after two witnesses declare Rocco did not rape Helena (Renaat was the wrongdoer), he is set free. Some time later, Rocco wants to visit Helena but she has moved to live with her aunt in the United States.
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On Wellman's view, punishment is permissible in cases where the wrongdoer has forfeited her right against punishment by culpably violating (or at least attempting to violate) the rights of others.
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In legal damages theories, diminution in value is often calculated for compensatory special damages when a loss is monetarily quantifiable, and for restitution or disgorgement damages when the loss has unfairly enriched a wrongdoer.
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In the process they were subject to the derision of the crowd, they might be pelted and frequently a victim or victims were dunked at the end of the proceedings. A safer form involved a neighbour of the wrongdoer impersonating the victim whilst being carried through the streets. The impersonator was obviously not himself punished and he often cried out or sang ribald verses mocking the wrongdoer. In the common form, an effigy was employed instead, abused and often burnt at the end of the proceedings.
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At the station they have to deal with Xavier (Sunil Sukhada), an industrialist and a wrongdoer, hand in gloves with the police CI Razak (Sudheer Karamana), who were planning to ruin Arundhathi and her team's reputation.
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"How many people are we to allow to be murdered while waiting for the repentance of the wrongdoer?", he asked, rhetorically. Using the death penalty for revenge, or retribution is a violation of natural moral law.
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The Mishnah interpreted the requirements of regarding restitution where the victim died without kin to apply as well to where a convert victim died. The wrongdoer would have to pay the priests the principal plus 20 percent and bring a trespass offering to the altar. If the wrongdoer died bringing the money and the offering to Jerusalem, the money was to go to the wrongdoer's heirs, and the offering was to be kept on the pasture until it became blemished, when it was to be sold and the proceeds were to go to the fund for freewill offerings. But if the wrongdoer had already given the money to the priest and then died, the heirs could not retrieve the funds, for provides that "whatever any man gives to the priest shall be his."Mishnah Bava Kamma 9:11–12, in, e.g.
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Typical legal damages for tortious interference include economic losses, if they can be proven with certainty, and mental distress. Additionally punitive damages may be awarded if malice on the part of the wrongdoer can be established. Equitable remedies may include injunctive relief in the form of a negative injunction that would be used to prevent the wrongdoer from benefiting from any contractual relationship that may arise out of the interference, i.e., the performance of a singer who was originally contracted with the plaintiff to perform at the same time.
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Eline tells Dirk the wrongdoer is named Robert. When Sinterklaas insinuates his name is Robert, Dirk kills him. He burns the car of the man and buries him under concrete on his farm. The police closes the investigation of Eline's case.
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Lunney & Oliphant (2003) p. 860.See now Damages (Scotland) Act 1976, s.1(4). Thus, if a person was injured through a tort, the wrongdoer would be liable for causing injury. If the person were killed, there would be no liability.
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When Johannes witnesses Martha and Mathias swearing fidelity to each other at their farewell, his jealousy turns into blind hate and he sets the monastery on fire. It is not he, however, but Mathias, who is arrested as the alleged wrongdoer.
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Subrogation allows the insured to retain his personal right. This is not the case with cession, which involves a transfer of the right in terms of an actual agreement. The effect of this difference or distinction is that, if the insured waives his right to claim against a third-party wrongdoer, the insurer would not be able to claim against the wrongdoer, as the latter is absolved of duty to pay. With cession, in contrast, the insurer acquires all of the rights of the insured to proceed against the third party, and has to sue in its own name.
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Regardless of whether a state has a formal Son of Sam law, victims and their families may use civil lawsuits for monetary damages that effectively preclude a wrongdoer (or accused wrongdoer) from profiting from his crime. A prominent example is the litigation between the family of Ron Goldman and O. J. Simpson following Simpson's acquittal for Goldman's murder. Goldman's family won a wrongful death claim against Simpson for more than $30 million. When Simpson later published a book about the murder, If I Did It, a court awarded the book's rights to the Goldman family to help satisfy the judgment.
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Thomas Aquinas held that sin calls for the deprivation of some good, such as, in serious cases, the good of temporal or even eternal life. The wrongdoer is placed in a position to expiate his evil deeds and escape punishment in the next life.
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If the wrongdoer died bringing the money and the offering to Jerusalem, the money was to go to the wrongdoer's heirs, and the offering was to be kept on the pasture until it became blemished, when it was to be sold and the proceeds were to go to the fund for freewill offerings. But if the wrongdoer had already given the money to the priest and then died, the heirs could not retrieve the funds, for provides that "whatever any man gives to the priest shall be his."Mishnah Bava Kamma 9:11–12, in, e.g., The Mishnah: A New Translation, translated by Jacob Neusner, pages 525–26.
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Furthermore, equitable relief seeks to remedy unconscionability and not to punish the wrongdoer.. An important equitable remedy is the order of equitable rescission where the advantage over its common law counterpart is that the parties need not be restored precisely to their position before the contract.
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Similarly, where liability is imputed or attributed to another through vicarious liability or corporate liability, the effect of that imputation may be strict liability albeit that, in some cases, the accused will have a mens rea imputed and so, in theory, will be as culpable as the actual wrongdoer.
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Burger's bag of tricks was comparatively empty, chiefly comprising indignant exclamations of, "Incompetent, irrelevant, and immaterial!" Once Mason had exposed the true perpetrator, Burger often joined in Mason's motion to the judge to dismiss the charges against Mason's client so that Burger could then charge the actual wrongdoer.
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They would inflict madness upon the living murderer, or if a nation was harboring such a criminal, the Erinyes would cause starvation and disease to the nation. The Erinyes were dreaded by the living since they embodied the vengeance of the person who was wronged against the wrongdoer.
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Lafave, Criminal Law 3rd ed. (West 2000) Sec. In such case the crime would be larceny by trick rather than false pretenses. Larceny by Trick also applies to situations where the wrongdoer by deceit obtains possession only, with the victim retaining ownership or some superior interest in the chattel.
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Stan claims Jacques made a sexual approach to him and thus a pedophile. Nobody understands why Judith still defends Jacques until it turns out Stan is the wrongdoer. Joren figures out he is gay and in love with Stan which seems to be mutual. Bob starts a relationship with Christine.
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Similarly, joint wrongdoers are jointly and severally liable for the loss they have caused. A plaintiff may sue one or all of them. Where an award is made against one joint wrongdoer, he may claim a contribution from the other joint wrongdoers according to the extent of their proportionate fault.
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After the defeat of Mahinda Rajapaksa's administration which resulted in the loss of their senior positions, some brothers of Mahinda Rajapaksa have fled from the country to avoid being arrested on their corruption and wrongdoer charges, as they fear because they could have been labelled as fugitive by the Sirisena Government.
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When describing the Inspector General's reprisal investigations, Meyer stated, "We just call them as they are. I have no concerns at all for protecting the wrongdoer. At the end of the day, the business of government is the people's business, not the wrongdoer's business."Marie Gilbert, Herald-Mail (Hagerstown, Maryland)(Aug.
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In the book, she indicates to Titus and Marcus the story of Philomela, in which a similarly mute victim "wrote" the name of her wrongdoer. Marcus gives her a stick to hold with her mouth and stumps. She writes the names of her attackers on the ground. Titus vows revenge.
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She wakes him up to discuss their concern over Don's nocturnal activities. The father states that he can't see his own son as a wrongdoer. But he also expresses guilt over his own failure as a father. Brady and Don break into a closed theatre and ambush the nightwatchman (Bud Osborne).
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Thambi Velu Thondaiman (Madhavan) is a rebellious youth who cannot tolerate violence and injustice by any means. His main target is Sankara Pandian (Biju Menon), a rich local goon. Thambi wants Sankara Pandian to leave all his illegal activities and violence. One day Thambi interrupts Archana’s (Pooja) stage performance when chasing a wrongdoer.
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The second provision of the Trademark Counterfeiting Act of 1984 deals with damages that may be recovered against users of counterfeit trademarks; treble profits or damages (damages awarded in an amount that is three times the amount for which the wrongdoer is found liable for), whichever is greater, and reasonable attorney fees.
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Then Abimelech sent his friend Ahuzzath, but Isaac still remained unpacified. When Abimelech then went himself, Isaac allowed himself to be appeased. Hence, the Sages taught that one need not ask another's forgiveness more than three times. If the other does not forgive the third time, then the other becomes the wrongdoer.
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Phillip E. Johnson & Morgan Cloud, Criminal Law: Cases, Materials, and Text (7th ed. West Group 2002) p. 201-202. Judge Glickstein concurs with the majority, but expresses some concern about the suggestion in varied sentences according to the kind of wrongdoer. There should be no distinctions because the victims are dead either way.
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Norwich Pharmacal orders are typically sought when legal proceedings for alleged wrongdoing cannot be brought because the identity of the wrongdoer is not known. Parties which believe they have been wronged will apply for a Norwich Pharmacal order to the court against third parties who can identify the wrongdoer, because they unwittingly facilitate the wrongdoing. In the judgement granting the first Norwich Pharmacal order Lord Reid summarised the principle of the Norwich Pharmacal jurisdiction as follows: An application for a Norwich Pharmacal order must be commenced against the facilitator by issuing a claim form. In the case of alleged tort an interim application must be made to a master in the Queen's Bench Division or the Chancery Division in the High Court of Justice.
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If the company is unable to take any action (because it is controlled by the wrongdoer) the court may authorise a member to bring proceedings in the name of the company by way of derivative action. However the measure of damages will be the loss to the company, and only the loss to the company. A shareholder cannot sue a person for a wrong committed against the company for the "reflective loss" to the value of their shareholding, as this would result in the wrongdoer paying double compensation for the same wrong (once to the company and once to the shareholders).Johnson v Gore Wood & Co [2002] 2 AC 1 The emphasis of Cayman Islands company law is to protect the rights of creditors and members (i.e.
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If they would not repent in the face of death, it was unreasonable to assume they would ever repent. "How many people are we to allow to be murdered while waiting for the repentance of the wrongdoer?", he asked, rhetorically. Using the death penalty for revenge, or retribution is a violation of natural moral law.
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The police starts an investigation but all tracks are a dead end. Both Sylvie and Dirk try to find the man who is responsible. Dirk and Eline meet a drunk Sinterklaas on 5 December. The man's behavior towards the children and the way Eline acts when she sees him, makes Dirk believe he is the wrongdoer.
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One day some gypsies park their camper on the square. They are the main suspect of a bunch of thievery, such as in the house of Sickx and de Lesseweg, where expensive bottles of wine are stolen. It turns out Justine is the wrongdoer. She is barely holding it together and does not want to live further with Bernard.
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In Greek mythology, a miasma is "a contagious power ... that has an independent life of its own. Until purged by the sacrificial death of the wrongdoer, society would be chronically infected by catastrophe."Armstrong, p. 64-65. An example is Atreus who invited his brother Thyestes to a delicious stew containing the bodies of his own sons.
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On 7 May 2009 Laws made a statement on the 20th anniversary special edition of the ABC's Media Watch program, in which he exhibited no remorse for his role in the Cash-for-Comment scandal, instead implying that the whistleblower (Media Watch) was the wrongdoer and that the people involved were only jealous of his success.
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Foss v Harbottle (1843) 67 ER 189 Accordingly, where a director acts in breach of their duty, then the proper claimant in any action is the company itself. If the company is unable to take any action (because it is controlled by the wrongdoer) the court may authorise a member to bring proceedings in the name of the company by way of derivative action.BVI Business Companies Act, section 184C However the measure of damages will be the loss to the company, and only the loss to the company. A shareholder cannot sue a person for a wrong committed against the company for the "reflective loss" to the value of their shareholding, as this would result in the wrongdoer paying double compensation for the same wrong (once to the company and once to the shareholders).
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The case has been followed in English courts, but the situations in which restitutionary damages will be available remain unclear. The basis for restitutionary damages is much debated, but is usually seen as based on denying a wrongdoer any profit from his wrongdoing. The really difficult question, and one which is currently unanswered, relates to what wrongs should allow this remedy.
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The actions by which these rules were enforced were no doubt ordinary proprietary actions, at any rate so far as the forfeiture of property was concerned. Whether, where the claim was well founded, the heres of the wrongdoer was equally liable does not appear; presumably he was not, and he could hardly have been liable to penalty in the other case.
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But there is much controversy on this. It is generally held that the texts cannot be reconciled. The statute was at first very narrowly construed. At one time it seems that it was inferred from the etymology of the word "occido" that the act must have been done directly by the person of the wrongdoer or a weapon held by him.
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This applies in situations of "wrongdoer control" and is, in reality, the only true exception to the rule. The rule in Foss v Harbottle is best seen as the starting point for minority shareholder remedies. The rule has now largely been partly codified and displaced in the United Kingdom by the Companies Act 2006 sections 260–263, setting out a statutory derivative claim.
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An account of profits is usually ordered where payment of damages would still leave the wrongdoer unjustly enriched at the expense of the wronged party. However, orders for an account are not normally available as of right, and only arise in certain circumstances.Goff & Jones, The Law of Restitution, 4th ed. Rescission and rectification are remedies in relation to contracts (or, exceptionally, deeds) which may become available.
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At Bowie Dries is hired for the position of lawyer consultant. Karin is still angry at Dries because of his actions in previous season. Reinhilde attacks Dries sexually and then sets up a plan with Karin to prove Dries is the wrongdoer and raped Reinhilde. Customers of Bowie get knowledge of the twisted story and want to stop their projects so Dries is fired.
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The exercise of ownership over property may take a number of forms. All that is required is that the defendant exercise control over the chattel in a manner inconsistent with the plaintiff's right of possession. The gist of a conversion is not the acquisition of the property by the wrongdoer, but the wrongful deprivation of another's property which the owner is entitled to possess.18 Am. Jur.
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Hence it was said to be mixta by some jurists and Justinian so decides, but it had the main characteristic of penal actions that it was not available against the heirs of the wrongdoer. As the act was furtum there would always be the condictio furtiva. The principles were in general those of actio furti. Thus it applied only to res mobiles in commercio and owned.
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But the view that the two remedies existed side by side is also held. The action was in a special sense "vindictam spirans". It rested not on economic loss but on outraged feelings; hence some characteristic rules. Like other delictal actions it did not lie against the heres of the wrongdoer, but, contrary to the general rule, it could not be brought by the heirs of the injured person.
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The law does not recognise a general duty of care to prevent others from suffering loss or damage caused by the deliberate wrongdoing of third parties. A closer relationship between defendant and the wrongdoer is required to establish such a duty. See e.g. Home Office v Dorset Yacht Co, where borstal officers were held liable for damage caused to the plaintiffs by borstal boys who were under their control.
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Trott wrote: "What the majority has unintentionally accomplished in embracing this case is nothing less than the wholesale creation of a World Court, an international tribunal with breathtaking and limitless jurisdiction to entertain the World's failures, no matter where they happen, when they happen, to whom they happen, the identity of the wrongdoer, and the sovereignty of one of the parties."Hannah L. Buxbaum. 2006. "Transnational Regulatory Litigation". 46 Va. J. Int'l L. 251.
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A Yemeni merchant from Zabid had sold some goods to a notable member of the clan of Sahm. Having taken possession of the goods, the man from Sahm refused to pay the agreed price. The wrongdoer knew very well that the merchant had no confederate or kinsman in Mecca, whom he could count upon for help. But the merchant, instead of letting it pass, appealed to the Quraysh to see that justice was done.
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Perversely, the wrongdoer had a financial interest in killing, rather than injuring, a victim. However, during the 1830s the rapid development of the railways led to increasing public hostility to the epidemic of railway deaths and the indifferent attitudes of the railway companies. As a result, inquest juries started to revive the ancient remedy of deodands as a way of penalizing the railways. The railway accident at Sonning Cutting (1841) was particularly notorious.
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Feminine Lakshmi forgives even when the one who does wrong does not repent. Masculine Vishnu, on the other hand, forgives only when the wrongdoer repents. In Hindu Dharma, the feminine forgiveness granted without repentance by Lakshmi is higher and more noble than the masculine forgiveness granted only after there is repentance. In the Hindu epic Ramayana, Sita – the wife of King Rama – is symbolically eulogized for forgiving a crow even as it harms her.
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Jasper, the boxing teacher of Ann, is found guilty of the murder on the manageress of pub "Bar Madam", the rape on Tilly and sales of drugs. All of this is proved in a setup arranged by his daughter Viv and the police. Jasper admits the selling of the drugs, claims the death was an accident but claims he did not rape Tilly. In a flashback it is revealed to the viewers Jacques was the wrongdoer.
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Examples are watching the intended victim over a period of time to establish the routines and traveling to a store to buy necessary tools and equipment. But the closer to the reality of committing the offense the potential wrongdoer moves, the greater the social danger they become. This is a critical issue for the police who need to know when they can intervene to avert the threatened harm by arresting the person. This is a difficult policy area.
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That assessment had to take into account events that may have rendered the contract less valuable. It was the court's job to assume that the wrongdoer would have adopted the mode of performance most beneficial to them; and so if the contract was lawfully terminable, it was to be valued accordingly. This does not automatically mean a wrongdoer's right to terminate a contract restricts the damages that can be awarded. The court cited Lavarack v Woods of Colchester Ltd,.
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Neuroeconomics and social emotions are also tightly linked in the study of punishment. Research using PET scan has found that, when players punish other players, activity in the nucleus accumbens (part of the striatum), a region known for processing rewards derived from actions gets activated. It shows that we not only feel hurtful when we become victims of unfairness, but we also find it psychologically rewarding to punish the wrongdoer, even at a cost to our own utility.
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The determination as to whether the offense is larceny or false pretenses can have significant effect on the ability of true owner to reclaim the appropriated property. If false pretenses, a bona fide purchaser for value would acquire title superior to the victim; whereas, if the crime is larceny a purchaser from the wrongdoer, bona fide or otherwise, would not acquire any title to the property and would have to return the property to the victim.
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Damages for breach of contract is a common law remedy, available as of right.Robinson v Harman (1848) 1 Exch 850 at 855 WorldLII It is designed to compensate the victim for their actual loss as a result of the wrongdoer’s breach rather than to punish the wrongdoer. If no loss has been occasioned by the plaintiff, only nominal damages will be awarded. A victim will not necessarily recover every loss which flows from the breach by the defendant.
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In folk tales, it is told not to upset them because they also have the power to do bad things or put a curse on the wrongdoer. They also act like guardian angels, especially for children who enter the woods, or for other good people. The word zână comes from the Roman goddess Diana (as does Astur-Leonese xana). She is the one who has all the beauty, and is the one that gives it away.
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Jason arrives from Greece to steal the golden wool, but kidnaps Medea, the daughter of King AEetes, as she drugs her father in order to also steal the golden fleece of the winged ram. Young and handsome, Jason is regarded as a hero, although a “wrongdoer.” Part II, Ukheiro, is of a warrior, who breaks his leg in battle. His wife Marekhi dies in childbirth and Ukheiro's 10-year-old daughter Popina looks after her father and the new-born boy, Parnaoz.
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On the one hand, the state wishes to be able to protect its citizens from harm. This requires an arrest at the earliest possible time. But, most states recognise a principle of individual liberty that only those people who actually choose to break the law should be arrested. Since the potential wrongdoer could change their mind at any point before the crime is committed, the state should wait until the last possible minute to ensure that the intention is going to be realized.
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Veteran communist Gheorghe Vasilichi exposed himself by openly criticizing Gheorghiu-Dej, and also nominated Drăghici as a wrongdoer: "we still have the cult of personality, we still have haughtiness, even though Comrade Drăghici will tell you he is not haughty".E. Neagoe, p. 145 Drăghici also withstood an attack from Miron Constantinescu, the Marxist-Leninist ideologue, who challenged the politburo about the decade of repression and murder. Drăghici, again supporting Gheorghiu-Dej, informed Constantinescu that he was only incriminating himself,Bottoni, p.
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Nouns derived from verbs or adjectives are usually formed with affixes, for example the suffix -na'in, similar to "-er" in English. :hakerek "write" → hakerek-na'in "writer" The suffix -na'in can also be used with nouns, in the sense of "owner". :uma "house" → uma-na'in "householder" In more traditional forms of Tetum, the circumfix ma(k)- -k is used instead of -na'in. For example, the nouns "sinner" or "wrongdoer" can be derived from the word sala as either maksalak, or sala- na'in.
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Self-Forgiveness Self-forgiveness happens in situations where an individual has done something that they perceive to be morally wrong and they consider themselves to be responsible for the wrongdoing. Self-forgiveness is the overcoming of negative emotions that the wrongdoer associates with the wrongful action. Negative emotions associated with wrongful action can include guilt, regret, remorse, blame, shame, self-hatred and/or self-contempt. Major life events that include trauma can cause individuals to experience feelings of guilt or self-hatred.
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Most historical records and various primitive tribal practices indicate that the death penalty was a part of their justice system. Communal punishments for wrongdoing generally included blood money compensation by the wrongdoer, corporal punishment, shunning, banishment and execution. In tribal societies, compensation and shunning were often considered enough as a form of justice.So common was the practice of compensation that the word murder is derived from the French word mordre (bite) a reference to the heavy compensation one must pay for causing an unjust death.
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A trial by jury is unusual in almost all countries for non-criminal cases Another head of damages that can be awarded is called "punitive damages", or sometimes "exemplary damages". The word "punitive" means punishment and the word "exemplary" implies that damages should "make an example" of the wrongdoer. The purpose of such damages are twofold: to deter wrongful conduct by other actors, and to serve a normative function of expressing social shock or outrage at the defendant's actions. In most jurisdictions, punitive damages are not available.
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In particular, the disparity between awards in defamation cases (which invariably concern celebrities, politicians and the rich) and awards for personal injuries has been growing. Inevitably, the awards rose in a way that a fixed system of damages under judicial scrutiny does not allow. Juries are unseasoned with a daily exposure to tragic accidents in tort litigation. When confronted with their first case they may be shocked and outraged, which inspires a willingness to teach the wrongdoer by a big damages award that "tort does not pay".
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He sees his own body as a source of internal sorrow, just like he sees a prison or enemy as the source of external torture. In the closing verses, the Upanishad emphasizes that the sannyasi must seek to perfect his own inner nature, such as renunciation of anger. Translates Olivelle, the text questions, "if you are angry at the wrongdoer, why are you then not angry at anger itself?" One must abandon all anger, because it is against one's Dharma, Artha, Kama and Moksha.
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The concept of possession developed from a legal system whose principal concern was to avoid civil disorder. The general principle is that a person in possession of land or goods, even as a wrongdoer, is entitled to take action against anyone interfering with the possession unless the person interfering is able to demonstrate a superior right to do so. In England, the Torts (Interference with Goods) Act 1977 has significantly amended the law relating to wrongful interference with goods and abolished some longstanding remedies and doctrines.
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It developed as a solution to a gap in the system, when one party committed a wrong against another party. These situations were originally governed by a basic customary law of revenge.see for example: Exodus 21.23-25 This undesirable situation eventually developed into a system of liability where people were at first encouraged and then essentially forced to accept monetary compensation from the wrongdoer or their family instead of seeking vengeance. This signaled an important shift in the law away from vengeance and towards compensation.
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However, faced with persecution, perhaps prosecution, and certainly ruin through the loss of surgical patients, Lawrence withdrew the book. The time had not yet arrived when a science which dealt with man as a species could be conducted without interference from the religious authorities. It is interesting that the Court of Chancery was acting, here, in its most ancient role, that of a court of conscience. This entailed the moral law applied to prevent peril to the soul of the wrongdoer through mortal sin.
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The rationale of the defense is that, as a precondition to punishment, the criminal law requires conduct to be voluntary. If something interferes with the capacity of the individual to choose to break the law, this should be reflected by an excuse or exculpation. The law should balance the need to be fair to the individual wrongdoer, but equally offer some protection to society from a person who may not have complete control over their behavior. The effect of the defense varies between the jurisdictions.
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Person P has an apple cart which wrongdoer W runs over with a car. P depends upon the cart for selling apples as their sole source of income. P is able to salvage some of the parts from the damaged cart and gets the cart fixed using the salvaged parts. P goes back to selling apples the next week, but finds her customers have started to go elsewhere for their apples since she was not available for the week her cart was being repaired.
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The International Court of Justice (ICJ) understood that citizens of the territory could not be considered to have rights under the illegal government. > "the principle ex injuria jus non oritur which dictates that acts that are > contrary to international law cannot have legal jurisdiction by the > wrongdoer… To grant recognition of illegal acts will allow them to > perpetuate and then only benefit the state which has acted illegally" The Advisory Opinion was then issued to underline the basic human rights for the inhabitants of the territory based on birth, marriage, and death certification.
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The Quran distinguishes between mushrikun and People of the Book, reserving the former term for idol worshipers, although some classical commentators considered Christian doctrine to be a form of shirk. In modern times, kafir is sometimes used as a derogatory term, particularly by members of Islamist movements.Emmanuel M. Ekwo Racism and Terrorism: Aftermath of 9/11 Author House 2010 page 143 Unbelief is called kufr. Kafir is sometimes used interchangeably with mushrik (, those who commit polytheism), another type of religious wrongdoer mentioned frequently in the Quran and other Islamic works.
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Begley, Wayne E. The Garden of the Taj Mahal: A Case Study of Mughal Architectural Planning and Symbolism, in: Wescoat, James L.; Wolschke-Bulmahn, Joachim (1996). Mughal Gardens: Sources, Places, Representations, and Prospects Dumbarton Oaks, Washington D.C., . pp. 229-231. Al Ghazali, in his book The Remembrance of Death and the Afterlife, describes and discusses the "wrongdoer" and graphic, sometimes violent scenes of Jahannam. According to theologian Al-Ghazali, Afterlife will start with the "Day of the Arising" and a trumpet blast which will wake the dead from their graves.
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Mihnea cel Rău (Mihnea the Wrongdoer/Mean/Evil; c.1460 – 12 March 1510), the son of Vlad III Dracula (Vlad Țepeș), and his first wife, was Voivode (Prince) of Wallachia from 1508 to 1509, having replaced his first cousin Radu cel Mare. During his reign, he ruled alongside his son Mircea II Dracul in the year 1509. Unpopular among the boyars, he was overthrown with Ottoman assistance, prompting him to take refuge in Transylvania – where he was to be murdered in front of the Sibiu Cathedral, being buried inside the church.
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He claimed this doctrine was not original to him. Previously, it appeared in the writings of Plato,"... he who attempts to punish in accordance with reason does not retaliate on account of the past wrong (for he could not undo something which has been done) but for the future, so that neither the wrongdoer himself, nor others who see him being punished, will do wrong again." Plato, "Protagoras", 324 B. Plato wrote that punishment should "be an example to other men not to offend". Plato, "Laws", Book IX, 863.
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According to §62(a)(3), only losses from Sale or Exchange are above the line. Other losses are usually “regular itemized deductions” (below the line) if included in §67(b)’s exceptions. 165(a): 1\. Loss must be “sustained” (a. Depends on taxpayer’s reasonable expectation of recovery from the wrongdoer, b. should be resolved independently of any insurance consequences involved, and (2) taxpayer must not have been “compensated” for the loss 165(c): If a realized loss is not described below, an individual taxpayer cannot deduct the loss. 1\.
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In other words, a class action ensures that a defendant who engages in widespread harmbut does so minimally against each individual plaintiffmust compensate those individuals for their injuries. For example, thousands of shareholders of a public company may have losses too small to justify separate lawsuits, but a class action can be brought efficiently on behalf of all shareholders. Perhaps even more important than compensation is that class treatment of claims may be the only way to impose the costs of wrongdoing on the wrongdoer, thus deterring future wrongdoing.
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When the son arrives home and tries to show the powers of the donkey instead of gold pieces landing on the cloth, it is droppings like an ordinary donkey, which upsets his father once again. The third son went to work for a woodturner and is given a magic cudgel in a bag. Whenever someone is injust the owner of the cudgel just needs to say: "Cudgel, out the sack!" and the object will start clobbering the wrongdoer. Only when the owner says: "Cudgel in the sack!" will the thing return in the bag.
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St. Thomas Aquinas St. Thomas Aquinas considers the atonement in the Summa Theologiae into what is now the standard Catholic understanding of atonement. For Aquinas, the main obstacle to human salvation lies in sinful human nature, which damns human beings unless it is repaired or restored by the atonement. In his section on man, he considers whether punishment is good and appropriate. He concludes that #punishment is a morally good response to sin: it is a kind of medicine for sin, and aims at the restoration of friendship between the wrongdoer and the one wronged.
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The victim must be placed in apprehension or fear that force would be used immediately before or at the time of the taking of the property. A threat is not immediate if the wrongdoer threatens to use force of violence some future time. Robbery occurs if an aggressor forcibly snatched a mobile phone or if they used a knife to make an implied threat of violence to the holder and then took the phone. The person being threatened does not need to be the owner of the property.
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Delict (from Latin dēlictum, past participle of dēlinquere ‘to be at fault, offend’) is a term in civil law jurisdictions for a civil wrong consisting of an intentional or negligent breach of duty of care that inflicts loss or harm and which triggers legal liability for the wrongdoer; however, its meaning varies from one jurisdiction to another. Other civil wrongs include breach of contract and breach of trust. Liability is imposed on the basis of moral responsibility, i.e. a duty of care or to act, and fault (culpa) is the main element of liability.
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Witnesses practice disfellowshipping of members who unrepentantly engage in "gross sin","Always Accept Jehovah's Discipline", The Watchtower, November 15, 2006, page 26. (most commonly for breaches of the Witnesses' code of personal morality),"Cultivate Obedience as the End Draws Near", The Watchtower, October 1, 2002, page 21 and "remorseless apostasy"."Elders, Judge With Righteousness", The Watchtower, July 1, 1992, page 19. The process of disfellowshipping is said to be carried to uphold God's standards, preserve the congregation's spiritual cleanness, and possibly prompt a change of attitude in the wrongdoer.
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Moreover, any transfer of Chilean property after 8 November 1878 was nullified. In Peru, the eviction was decreed on 15 April 1879 by the Government of Mariano Ignacio Prado "to secure the success of the military operations"; within 8 days all Chileans had to leave Peru, except Chilean owners of real estate and those who had a Peruvian wife. Disobeying the decree would result in the internment of the wrongdoer(s). Two days later, the property and marital exceptions were suspended "in reprisal for the Chilean bombardment of defenseless Peruvian ports", and all Chilean citizens had to leave Peru within 8 days.
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Van der Walt and Midgley 2005, par. 2. Importantly, however, the civil wrong must be an actionable one, resulting in liability on the part of the wrongdoer or tortfeasor.The terms delict and tort are synonymous and interchangeable, the only difference being that delict is used in civil law or European systems and those linked to Roman law (like South Africa and Scotland), while tort is used by systems based on English common law. The delictual inquiry ‘is in fact a loss-allocation exercise, the principles and rules of which are set out in the law of delict’.
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A board of directors may pass resolutions at a meeting (pictured) or by way of unanimous circular written resolutions. The directors owe their duties to the company itself, and not to the individual members.Foss v Harbottle (1843) 67 ER 189 Accordingly, where a director acts in breach of their duty, then the proper claimant in any action is the company itself. If the company is unable to take any action (because it is controlled by the wrongdoer) the court may authorise a member to bring proceedings in the name of the company by way of derivative action.
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However the measure of damages will be the loss to the company, and only the loss to the company. A shareholder cannot sue a person for a wrong committed against the company for the "reflective loss" to the value of their shareholding, as this would result in the wrongdoer paying double compensation for the same wrong (once to the company and once to the shareholders).Johnson v Gore Wood & Co [2002] 2 AC 1 The emphasis of Cayman Islands company law is to protect the rights of creditors and members (i.e. the sources of capital) as the key stakeholders in the company.
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A case from 1200 directed the verdict against a bailee who claimed chattels in his keeping were stolen during a fire at his property. In the opinion of Bracton, if goods were unlawfully taken from the possession of the bailee, it was he who had the action against the wrongdoer, not the original bailor. The action was appeal of larceny or trespass.Bracton f. 151Pollock and Maitland, vol ii, p. 170 "History of English Law", Cambridge, 1968 Even in the time of Bracton, there was pressure to change this arrangement and allow the bailor to bring an action directly against the third party.
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Wang cited that Huang's actions likely violated the Criminal Code and that combined psychological pressure from Huang and the agency impeded Chou's autonomy and impelled her to do something she was not required to do. Huang announced on his Weibo account that he would hold a press conference on February 3, 2016, in Taiwan to discuss his side of the story, stating that he was not the wrongdoer and crediting himself with the incident's impact on the Taiwanese election. Shortly after, Huang wiped all self-generated posts from his Weibo account, amounting to roughly 4,900 messages and photos.
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Charivari, alternatively spelled shivaree or chivaree and also called skimmington (ride), was a folk custom in which a mock parade was staged through a community accompanied by a discordant mock serenade. Since the crowd aimed to make as much noise as possible by beating on pots and pans or anything that came to hand these parades are often referred to as rough music. Parades were of three types. In the first, and generally most violent form, a wrongdoer or wrongdoers might be dragged from their home or place of work and paraded by force through a community.
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In the third reading (, aliyah), when Moses grew up, he went to his brethren and saw their burdens. He saw an Egyptian striking a Hebrew, he looked this way and that, and when he saw no one, he struck the Egyptian and hid him in the sand. When he went out the next day, he came upon two Hebrew men fighting, and he asked the wrongdoer why he struck his fellow. The man asked Moses who had made him king, asking him whether he intended to kill him as he did the Egyptian, so Moses realized that his deed was known.
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A 2012 study identified that individuals are more likely to blow the whistle when several others know about the wrongdoing, because they would otherwise fear consequences for keeping silent. In cases when one person is causing an injustice, the individual who notices the injustice may file a formal report, rather than confronting the wrongdoer, because confrontation would be more emotionally and psychologically stressful. Furthermore, individuals may be motivated to report unethical behavior when they believe their organizations will support them. Professionals in management roles may feel responsibility to blow the whistle in order to uphold the values and rules of their organizations.
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"Disfellowshiping—How to View It", The Watchtower, September 15, 1981, page 23. Jehovah’s Witnesses claim the purpose of denying fellowship to a wrongdoer safeguards the congregation’s moral and spiritual cleanliness and protects its name. They believe the congregation must “maintain God’s favor in order to be used by him and to represent him” or else the whole congregation would lose God’s approval. Sociologist Andrew Holden claims his research indicated many Witnesses who would otherwise defect because of disillusionment with the organization and its teachings remain affiliated out of fear of being shunned and losing contact with friends and family members.
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Sindell laid out the requirements for applying the doctrine of market share liability: First, the defendants in court must constitute substantially all of the market. This is a distinguishing factor from alternative liability that requires that all of the defendants be in court (See Summers v. Tice). Having "substantially all" of the market makes it more likely that the actual wrongdoer will be in court. A main reason for not requiring all of the relevant market is that as time passes, some manufacturers drop out of the market, and it would raise the bar for the plaintiff too high.
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The remedy for conversion is usually in the form of damages equal to the fair market value of the chattel at the time of conversion.79 A.L.R.2d 66821 A.L.R.2d 380 § 4 The converter can offer to return possession of the chattel to the complainant, but the complainant is not obligated to accept. If the complainant wants the chattel returned without any additional monetary damages, they can claim a related tort, detinue. One may use force in order to recover a chattel only if the wrongdoer is either in the process of taking the chattel or the owner of the chattel is in "hot pursuit" of the chattel.
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Thus, in the aftermath of March v Stramare, in cases where legal causation had to be established, the but-for test was only a factor to consider instead of being the sole determining test for causation. Additionally, this case also reaffirmed the idea developed in previous cases such as Chapman v Hearse (1961), that the requirement of reasonable foreseeability in the law of causation is not in itself a test for causation. Instead, as stated by Dr Ian Freckelton, March v Stramare affirmed that this criteria should only be used to mark 'the limits beyond which a wrongdoer will not be held responsible for his or her wrongful act'..
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In the case of a pledge, a special property passes to the pledgee, sufficient to enable him to maintain an action against a wrongdoer, but the general property, that is the property subject to the pledge, remains in the pledgor. As the pledge is for the benefit of both parties, the pledgee is bound to exercise only ordinary care over the pledge. The pledgee has the right of selling the pledge if the pledgor fails to make payment at the stipulated time. No title to a third party purchaser is guaranteed following a wrongful sale except in the case of property passing by delivery, such as money or negotiable securities.
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However, this is not to be taken literally for the simple reason that a person who obtains ownership of property by deceit does not obtain full title to the property; only a voidable title.Boyce & Perkins, Criminal Law, 3rd ed. (1992) at False pretense applies to situations where the wrongdoer by deceit obtains “title or ownership – or whatever property interest the victim had in the chattel, if it was less than title.” If the victim has an interest is the property less than full title the acquisition of that interest through false representation can be false pretenses unless the only interest the person has is possession of the property.
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Dismissals will usually be regarded as both wrongful and unfair if a procedure for dismissal is not followed. If a contractual disciplinary procedure is not followed, the employee may claim damages for the time it would have taken and the potential that she would still be employed.Gunton v Richmond-Upon Thames LBC [1980] ICR 755 In Societe Generale, London Branch v Geys, the Supreme Court affirmed that a wrongful repudiation of a contract by the employer would not automatically terminate the agreement, because to do so would be to reward the wrongdoer. Only if an employee accepts the purported termination will the contract end.
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Liability, according to Nugent, could be found elsewhere, but it could not be on the basis of vicarious liability: "Where liability arises vicariously, it is because the defendant and the wrongdoer stand in a particular relationship to one another." According to Nugent, the rules which applied in this case did not involve the role of independent contractor; the employer is not and ought not to be held responsible for the actions of an independent contractor. The defendant might be responsible for its own omission, its own failure to act, or to perform its own legal duties, taking reasonable steps as articulated in Kruger v Coetzee.1966 (2) SA 428 (A).
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Dulles suggests that the commandment "Thou shalt not murder" permits the death penalty by a civil authority as the administrator of justice in a human society in accordance with the natural law. Dulles argues that the Church teaches that punishments, including the death penalty, may be levied for four reasons: #Rehabilitation – The sentence of death can and sometimes does move the condemned person to repentance and conversion. The death penalty may be a way of achieving the criminal's reconciliation with God. #Defense against the criminal – Capital punishment is an effective way of preventing the wrongdoer from committing future crimes and protecting society from him.
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It was unlawful intimidation "to use a threat to break their contracts with their employer as a weapon to make him do something which he was legally entitled to do but which they knew would cause loss to the plaintiff".Rookes v Barnard [1964] AC 1129, 1167 A corollary to the main issue in the case, but of greater lasting importance, was Lord Devlin's pronouncements on when punitive damages are applied. The only three situations in which damages are allowed to be punitive, i.e. with the purpose of punishing the wrongdoer rather than aiming simply to compensate the claimant, are in cases of, #Oppressive, arbitrary or unconstitutional actions by the servants of government.
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Tolmen stones, said to derive from the Cornish tol (hole) maen (stone), were thought to have been used by Druids for purification and that the wrongdoer was lowered through into the water for 'lustration', a purification rite or cleansing ritual.Druids and bullauns. Until recently the role of perforated stones may have been twofold; use in fertility or healing rites and as traditional settings for the pledging of vows between couples. The hole in the stone might also represent the female birth canal in the Druid or 'pagan' mind and by passing through it a person was symbolising the act of rebirth and therefore regaining innocence or being cleansed of post-parturition illness, etc.
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Prior to the advent of no-fault divorce statutes, condonation was frequently asserted as a defense to divorce. Although one spouse may have committed an act that justified the other in obtaining a divorce, the other spouse might be deemed to have forgiven the conduct and thus waived the right to sue for divorce. The most typical way in which condonation occurred is if the wronged spouse, with knowledge of the act, voluntarily engaged in sexual relations with the wrongdoer. Critics of the doctrine contended that it discouraged spouses from attempting reconciliation, as one act of sexual intercourse would deprive the wronged spouse of any relief if the spouses were unable to resolve their differences.
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Finham Park School has a consequence system for bad behaviour and a reward system for good progress and work in class. The "consequence" system gets worse punishments as the student misbehaves; a C1 is a verbal warning, a C2 is a warning where your name gets written on the board, a C3 is a detention lasting 30 minutes, C4 is moved to another classroom and a detention lasting 1 hour and a C5 is an isolation. In 2018, a new policy was introduced called "Restorative Justice". Alongside the regular consequence system, the wrongdoer(s) and the teacher that reported the bad behaviour engage in a restorative conversation, in an attempt to make amends between the teacher and student(s).
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His ghost then attends a strange film festival. While the attendees see actual films, Gilmartin is shown "films" detailing the lives of his ancestors, such as one who was a Tory during the American Revolution or another who was a master carpenter who married a blue-blooded woman, only to have it end in a nasty divorce. The films, dealing as they do with more and more recent subjects, bring the novel to its modern-day conclusion. Gilmartin's ghost is able to cross over when his killer confesses to the newspaper editor, who chides him for the sin, but also for society in general: "It's a hot dinner for the wrongdoer and the victims struggle".
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" Ballentine's Law Dictionary has been used to define Speculative Damages in court cases such as Hawkinson v Johnston and Murphy v Hobbs: 1\. Damages not proved with reasonable certainty, the trier of the fact being left to speculate as to the actual damages suffered by the plaintiff. 2\. Damages are not speculative merely because they cannot be computed with mathematical exactness, if under the evidence they are capable of reasonable approximation. 3\. "So long as the jury are considering the material pecuniary injury, and the physical pain, their inquiry relates to what are termed actual damages; but when authorized by a vicious intent of the wrongdoer, they turn to the realm of mental anguish, public indignity, wounded sensibility, etc.
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Explanation of forgiveness includes how the one giving forgiveness, not just the wrongdoer, will be freed of the "power of Darkness". In reality, the Eldest (the fallen spirits, demons, the third of the angels that fell from heaven) have suffered and will suffer the most in total for the evil done and from the millions of years they have been without contact to God, their Father, convinced under the influence of Darkness, that God would not forgive but even do away with them. Clarification is made, though, that God had only grieved for them and longed for their return. The idea of a "wrath filled, vengeful God" came about by the workings of the fallen ones themselves.
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In most jurisdictions, there are several reasonably well establishing defences to tracing claims, although the case law is not entirely consistent. The common defences to an equitable tracing claim are: #good faith purchaser for value and without notice #dissipation #discharge of a debt (such that the proceeds are no longer traceable and there is no substitute asset) #innocent change of position (usually, but not always, by an innocent third partySee for example, Gertsch v Atsas [1999] NWSC 898) Importantly, in each case it is only the remedy of tracing that is lost. The claimant may well still enjoy a personal claim against the wrongdoer, even though they may have lost their proprietary right to trace into substituted assets.
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After receiving show cause notices from SEBI, 12 out of 14 high-profile current and former top executives of NSE including Ravi Narain and Chitra Ramakrishna filed an application with SEBI to settle the co-location issue under consent mechanism in July 2017. The consent process is an alternative dispute resolution mechanism, allows an alleged wrongdoer to settle a pending issue by accepting a penal action without admitting or denying the guilt. During this period, in July 2017, Vikram Limaye took charge as MD and CEO of the NSE. He gave assurances that he would approach SEBI for a settlement of the co-location issue and would find the underlying cause of this issue.
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In Norwich Pharmacal Co. v Customs and Excise Commissioners, the House of Lords held that where an innocent third party has information relating to unlawful conduct, a court could compel them to assist the person suffering damage by giving them that information. The judgement is based on the 19th century procedure known as the "bill of discovery" and the case was brought by Norwich Pharmacal Co., the owner of the patent for a chemical. Norwich knew that its patent was infringed, because the chemical was imported into the UK, but it was unable to identify the alleged wrongdoer. It brought proceedings against HM Customs and Excise to force the Commissioners to disclose the names of the importers, which were the "Intended Defendants".
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Lord Reed then distinguished between (1) cases where claims are brought by a shareholder in respect of loss that was suffered in that capacity (i.e. a diminution in share value or in distributions which is caused by loss sustained by the company, in respect of which the company has a cause of action against the same wrongdoer), and (2) cases where claims are brought by a shareholder (or by anyone else) in respect of loss which does not fall within that description, but where the company has a concurrent right of action in respect of substantially the same loss.Sevilleja v Marex, para 79. Actions in respect of the losses which fall under (2) therefore, are distinct and separate from a company's loss.
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The fable concerns a trumpeter who is taken by the enemy in battle and pleads to be spared on the grounds that he bears no weapons. His captors tell him that encouraging others to fight by means of his trumpet is even worse. In the Latin version by Avianus, an old soldier is disposing of his weapons in a fire and the trumpet asks to be spared but is disposed of in the same way. In the Renaissance, Andrea Alciato included the story among his Emblemata under the heading Parem delinquentis et suasoris culpam esse (The fault belongs alike to the wrongdoer and the persuader)Emblemata 174 and was followed by the English emblematist Geoffrey Whitney in asserting that those who encourage a crime are equally guilty.
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It may also be that one party simply breaches a contract's terms. If a contract is not substantially performed, then the innocent party is entitled to cease their own performance and sue for damages to put them in the position as if the contract were performed. They are under a duty to mitigate their own losses and cannot claim for harm that was a remote consequence of the contractual breach, but remedies in English law are footed on the principle that full compensation for all losses, pecuniary or not, should be made good. In exceptional circumstances, the law goes further to require a wrongdoer to make restitution for their gains from breaching a contract, and may demand specific performance of the agreement rather than monetary compensation.
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The rights include jus in re (right on the property) and jus in rem (right against the property). The doctrine of maritime lien is that a ship will be treated as a wrongdoer, not the owner, that the loss, damage or harm is caused by the maritime property, itself, and it has to make good for the loss. The attachment of maritime lien will start when the cause of action arises and will not be eliminated even by change of ownership in a good faith purchase. Two significant differences between maritime liens, which only exist in admiralty law, and the right to keep that exist in general civil law are (1) that in general civil law, "Prior in time is prior in right", i.e.
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The judgment of the Federal Court was delivered 31 March 2004 in Toronto, Ontario. Justice von Finckenstein held that the ISP could not be compelled to divulge their user information. To be able to compel the ISPs to divulge personal information that was protected by both PIPEDA and user agreements with the ISPs, von Finckenstein ruled that several conditions must be met: :(1) applicant must establish a prima facie case against the unknown alleged wrongdoer; (2) person from whom discovery is sought must be more than an innocent bystander; (3) that person must be only practical information source; (4) said person must be reasonably compensated for expenses of compliance with the discovery order; and (5) the public interests favouring disclosure must outweigh legitimate privacy concerns.2004 FC 488 (para.
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Thus eventually the obtaining of a writ became necessary, in most cases, to have a case heard in one of the Royal Courts, such as the King's Bench or Common Pleas. Some franchise courts, especially in the Counties Palatine, had their own system of writs which often reflected or anticipated the common law writs. The writ was "served" on (delivered in person to) the wrongdoer and acted as a command that he should appear at a specified time and date before the court specified in the writ, or it might command some other act on the part of the recipient. Where a plaintiff wished to have a case heard by a local court, or by an Eyre if one happened to be visiting the County, there would be no need to obtain a writ.
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Besides characters, represented as cards, a player controls a certain number of Influence Points, or IPs, spent as "money" to accomplish actions, and Prestige Points, or PPs, which serve as a limit to the number of characters they can control. The player also has a set of cards and opportunity counters that restrict the actions they can take. Actions include a vast array of options, including Dueling, Assassination, Travel Abroad, Advising the Monarch (requires an office), Escape (from abroad or hiding), Extradite a Wrongdoer (from abroad), Expose a Scandal, Intrigue (try to steal an opponent's card), Recruit a Character, Court Monarch's Favor, Fill a Vacant Office, Recruit by Treachery, Seduce a Character, Hold a Wedding, Consult Prestige Tables, and Solicit Bribes (requires an office). All these actions tend to award or take away PPs and IPs.
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A mirror punishment is a penal form of poetic justice which reflects the nature or means of the crime in the means of (often physical) punishment as a form of retributive justice—the practice of "repaying" a wrongdoer "in kind". It can be an application of the lex talionis (“an eye for an eye”), but is not always proportional justice, as a similar method may be used to produce a worse or milder effect than the crime it "retaliates". The simplest method of mirror punishment is to enact the same action upon the criminal as the criminal perpetrated upon the victim. For example, thieves have the same amount of money taken from them as they stole, one who strikes another is struck in the same way, one who willfully causes another person's death is killed, and so on.
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The development of writs as a means of commencing a court action was a form of "off-the-shelf" justice designed to enable the English law courts to rapidly process lawsuits by allocating each form of complaint into a standard category which could be dealt with by standard procedures. The complainant simply applied to the court for the writ most relevant to his complaint to be sent to the wrongdoer, which ordered him under royal authority to attend a royal court to answer for his actions. The development was part of the establishment of a Court of Common Pleas, for dealing with commonly made complaints by subjects of the crown, for example: "someone has damaged my property". The previous system of justice at the royal court of Chancery was tailor-made to suit each case and was thus highly time- consuming.
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One of Benjamin's innovations was the adoption of many rabbinic ordinances, previously rejected by the Karaites. Unlike the rabbis, however, he left to the free choice of individual Karaites to reject or adopt these regulations. His opinion on these matters is summed up in his writing, Sefer Dinim (Book of Rules), in which he wrote "As for other rules, which are observed and recorded by the Rabbanites and for which I could find no pertinent biblical verse, I have written them down also, so that you might observe them likewise if you so desire." For example, Benjamin promoted the rabbinic idea of cherem, with the caveat that the wrongdoer would have to be cursed for seven days following his refusal to obey a judge's summons, to give him a chance to repent and obey (Mas'at Binyamin 2a).
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Nor is there any liability "under like circumstances," for no private individual has power to conscript or mobilize a private army with such authorities over persons as the Government vests in echelons of command. The nearest parallel, even if we were to treat "private individual" as including a state, would be the relationship between the states and their militia. But if we indulge plaintiffs the benefit of this comparison, claimants cite us no state, and we know of none, which has permitted members of its militia to maintain tort actions for injuries suffered in the service, and in at least one state the contrary has been held to be the case. It is true that if we consider relevant only a part of the circumstances and ignore the status of both the wronged and the wrongdoer in these cases we find analogous private liability.
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A public apology is a component of reparation as stipulated in the United Nations Office of the United Nations High Commissioner for Human Rights resolution proclaiming the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law. It is also defined as a restorative process intended to heal and to generate forgiveness on the part of the offended party, for the improper behavior or action of the offender. The process consists in three components: acknowledgment of wrongdoing, admission of responsibility and the action of the wrongdoer to compensate damages produced. Besides the role of healing and bringing forgiveness on the part of the offended party, public apologies have the function of restoring the health of the social interaction and “publicly acknowledging a shared commitment to some moral values”.
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Roberts pointed to additional facts that he believed should be considered. The settlement agreement resulted to Hazel's becoming a co- conspirator in the market-allocation scheme condemned in the recent Hartford- Empire case and profiting greatly from the antitrust violation. Roberts therefore concluded that the majority: > holds that, solely because of the fraud which was practiced on the Patent > Office and in litigation on the patent, the owner of the patent is to be > amerced and in effect fined for the benefit of the other party to the suit, > although that other comes with unclean hands and stands adjudged a party to > a conspiracy to benefit over a period of twelve years under the aegis of the > very patent it now attacks for fraud. To disregard these considerations, to > preclude inquiry concerning these matters, is recklessly to punish one > wrongdoer for the benefit of another.
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ATTEMPT & ACCOMPLICES ACTUS REUS and MENS REA: THE CONTEMPORANEITY RULE Where fault (mens rea) is an element of the crime charged, the unlawful conduct and the fault must exist contemporaneously. In other words, the wrongdoer must intend to commit or be negligent in the commission of the crime at the time that the crime is being committed. Thus a person will not be guilty of murder if, "whilst he is driving to Y's house in order to kill him there, he negligently runs over somebody, and it later transpires that the deceased is Y." Likewise, it is not murder if a person kills another accidentally and "later expresses his joy at having killed him." The contemporaneity rule has been in issue in cases where the accused intends to kill another and, having inflicted what he thinks is a fatal wound on that other person, he then disposes of the body or sets alight to the building in which the body lies.
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While it is relatively uncontroversial that human beings may commit crimes for which punishment is a just desert, the extent to which the corporation should incur liability is less clear. Obviously, a company cannot be sent to jail, and if a fine is to be paid, this diminishes both the money available to pay the wages and salaries of all the remaining employees, and the profits available to pay all the existing shareholders. Thus, the effect of the only available punishment is deflected from the wrongdoer personally and distributed among all the innocent parties who supply the labour and the capital that keep the corporation solvent. Because, at a public policy level, the growth and prosperity of society depends on the business community, governments recognise limits on the extent to which each permitted form of business entity can be held liable (including general and limited partnerships which may also have separate legal personalities).
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Their main goals are to promote urban gardening and greening, anti-displacement projects, campaigning, and promoting community safety with economic development, through the process of restorative justice. Restorative justice is a collective reaction to an offense in which the community or the groups of people involved get together to figure out what to do as a response, as well as figuring out the implications for the future. Restorative justice is centered around both rehabilitating the victim and the offender but also not criminalizing the wrongdoer and try to integrate them back into the community while simultaneously making them responsible for their actions. Some specific actions Phat Beets is taking to meet these restorative justice goals are creating programs for youth in which they can practice art and food production in public spaces and hosting restorative justice circles to help mitigate neighborhood crime and help colored communities who face displacement and racial profiling.
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At Avebury and West Kennet Avenue in Wiltshire, the tall pillar and "broad diamond shape" stones were used alternately in the stone circles, possibly symbolising males and females at this famous pagan ritual site. Stoney Littleton Long Barrow near Bath has been likened to a "womb-tomb" of the Great Goddess who awaited the return of the sun. Tolmen stones, such as the example on the North Teign river on Dartmoor, England, are said to derive their name from the Cornish tol ("hole") and maen ("stone") and were thought to have been used by Druids for purification and that the wrongdoer was lowered through into the water for lustration, a purification rite or cleansing ritual. The hole in the stone represented the female birth canal in the Druid or pagan mind, and by passing through it, a person was symbolising the act of rebirth and therefore regaining innocence or being cleansed of post-parturition illness, etc.
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Much more of his judgment was dedicated to the issue of whether an equitable lien arose. There was considerable concern about whether the stop loss insurers could recover if the court did not impose an equitable lien. Many of the names resided abroad, and it was expected that many of them might be declared bankrupt because of their inability to meet their primary obligations.[1993] AC 713 at 737D After carefully reviewing a number of cases where equity intervened, either to hold that the assured held the sums as trustee, or to grant injunctions to restrain any misapplication of the proceeds, he summarised: > In order to protect the rights of the insurer under the doctrine of > subrogation equity considers that the damages payable by the wrongdoer to > the insured person are subject to an equitable lien or charge in favour of > the insurer.[1993] AC 713 at 738D Lord Templeman expressly declined to state whether an equitable lien would also extend to a cause of action itself (as opposed to the proceeds of such a claim).
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Rav Zutra bar Tobiah reported that Rav reasoned that disqualified isolated testimony when it prescribes that "at the mouth of one witness he shall not be put to death." This special admonition against one witness would seem redundant to the earlier context, "At the mouth of two witnesses or three witnesses shall he that is worthy of death be put to death," so it was taken to mean that individual witnesses who witnesses the crime, one by one, in isolation from each other, were insufficient to convict. Similarly, a Baraita taught that prescribes, "At the mouth of one witness he shall not be put to death," to cover instances where two persons see the wrongdoer, one from one window and the other from another window, without seeing each other, in which case the evidence could not be joined to form a set of witnesses sufficient to convict. Even if they both witnessed the offence from the same window, one after the other, their testimony could not be joined to form a set of witnesses sufficient to convict.Babylonian Talmud Makkot 6b, in, e.g.
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Constructive trusts and tracing remedies are usually used where the claimant asserts that property has been wrongly appropriated from them, and then either (i) the property has increased in value, and thus they should have an interest in the increase in value which occurred at their expense, or (ii) the property has been transferred by the wrongdoer to an innocent third party, and the original owner should be able to claim a right to the property as against the innocent third party. Equitable liens normally only arise in very specific factual circumstances, such as unpaid vendor's lien. Equitable principles can also limit the granting of equitable remedies. This includes "he who comes to equity must come with clean hands" (that is, the court will not assist a claimant who is himself in the wrong or acting for improper motives), laches (equitable remedies will not be granted if the claimant has delayed unduly in seeking them), "equity will not assist a volunteer" (meaning that a person cannot litigate against a settlor without providing the appropriate consideration, for example, Money) and that equitable remedies will not normally be granted where damages would be an adequate remedy.
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Comparisons between the facts of the case which has to be resolved and the facts of other cases in which a solution has already been found can obviously be useful and of value, and sometimes decisive, but one should be careful not to attempt to distill fixed or generally applicable rules or principles from the process of comparison. There is only one principle, the court found: To determine whether the plaintiff's damages are too remote from the defendant's act to hold the defendant liable therefor, considerations of policy (reasonableness, fairness and justice) should be applied to the particular facts of the case.17–19. A novus actus interveniens is an independent and extraneous factor or event which is not foreseeable and which actively contributes to the occurrence of harm after the original harm has occurred. This is the case, for example, in International Shipping v Bentley, where there was an auditing error, and in Mafesa v Parity, with a ‘crutch mishap’. The talem qualem rule (or ‘thin-skull’ or ‘egg-skull’ rule) provides that, in the words of Smit v Abrahams, ‘the wrongdoer takes his victim as he finds him’.171.
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